Terms and conditions for orders placed via www.kocykomania.pl
Below we would like to present to you our terms and conditions, which form the basis for the preparation and execution of your purchases.
1 Ordering of goods, conclusion of a contract and sale.
1.1 The entity operating the online shop at www.kocykomania.pl is Edyta Słomska, conducting business under the name BLACK SWAN EDYTA SŁOMSKA (NIP: 8882998334, REGON: 383802062) at ul. Św. Czesława 7/20, 61-575 Poznań (hereinafter referred to as the ‘Seller’).
1.2 The online shop may be used only by persons of full age.
1.3 The sales contract shall be concluded exclusively in the Polish language.
1.4 Orders are accepted through the website www.kocykomania.pl . Goods in the online shop are marked in detail by, among other things, providing information about their properties (including the material from which the product is made and its dimensions) and price. When ordering goods, the customer selects the product by adding it to the shopping cart (clicking the ‘ADD TO CART’ button), specifying the number of pieces and, depending on the product in question, its size or colour. Once the product has been transferred to the basket, the Customer receives a notification that the product has been correctly added to the basket and that he/she can proceed to the completion of the order (the order can also be finalised by going to the basket marked with an icon in the top right corner of the website). In order to complete the order, it is necessary for the Customer to log in to his/her individual
account, and in the event that the Customer does not yet have an individual account on the website, it is necessary to create one by registering in order to complete the order. In the login/registration panel, the Customer enters his/her data necessary to complete the order and its dispatch.
1.6 The Customer confirms the placement of the order by clicking the ‘confirm order’ button, which is understood as placing a binding order for the products in the shopping cart. The placement of the order is confirmed by the Seller by e-mail immediately after the Customer places the order.
1.7 When placing an order, the Customer is obliged to choose the method of delivery of the goods from among those offered by the Seller. The cost of delivery of the goods is added to the price of the selected goods and is borne by the Customer in full.
1.8 The Seller will only proceed with the order once the full payment of the price of the ordered products has been received (this includes payment for delivery costs). If payment is not received, the order shall not be deemed to have been properly placed, which means that the contract of sale shall not come into effect and the order shall not be fulfilled.
1.9 The provisions of clause 1.7 above shall not apply if the Customer, when placing an order, has selected the method of payment for the goods on delivery (so-called cash on delivery).
1.10. Orders shall be delivered exclusively in Poland. Where a delivery date is specified as working days, this is understood to mean all days from Monday to Friday inclusive, excluding public holidays.
2 Prices and shipping costs
2.1 2.1 The prices given on the website of the online shop are given in Polish zloty and are gross prices, including VAT at the current rate.
including VAT at the currently applicable rate. When placing an order
order, the prices offered by the Seller at the time of placing the order by the Customer shall apply. Until the sales price is paid in full, the goods remain the property of the Seller.
2.2 The cost of delivery is added to the price of the goods, the amount of which depends on the form of delivery and payment chosen by the Customer.
2.3 If you have chosen cash on delivery and do not collect the goods despite documented attempts to deliver, we reserve the right to charge you for the cost of such delivery.
3 Payment for an order
3.1 The Seller offers the following payment methods for the order: cash on delivery, payment by card or online transfer.
3.2 The cash on delivery payment option is only available when ordering goods with delivery to the indicated address.
3.3 The payment option by bank transfer is only available as an online transfer and is made through the payment operator chosen by the Customer. The Seller does not accept traditional transfers.
3.4 The payment card option is only available if the Customer is the holder of a card that allows online payments. Payment by payment card is made through the payment operator selected by the Customer.
3.5 For each order, we reserve the right not to offer certain types of payment due to temporary technical problems. The Seller only accepts payments made from bank accounts held within the European Union (EU). All financial transaction costs shall be borne by the Customer.
3.6 The Seller shall confirm to the Customer the receipt of full payment for the order in electronic form.
4 Legal right of withdrawal
When purchasing products on www.kocykomania.pl, the Customer has a statutory right of withdrawal.
Information on the right of withdrawal
The customer, who is a consumer, has the right to withdraw from the contract within fourteen days without giving any reason. The withdrawal period shall begin on the day on which
on which the Customer or a third party other than the carrier and indicated by the Customer has taken possession of the goods. In order to exercise his/her right of withdrawal, the Customer is obliged to notify the Seller of his/her decision, as detailed in clause 1.1. of these Terms and Conditions, by an unequivocal declaration of intent, (e.g. by a letter sent by post or an e-mail sent to the Seller's address indicated in clause 1.1. of these Terms and Conditions). If a declaration of withdrawal is made electronically, the Seller shall also immediately send to the Customer an electronic confirmation of receipt of the declaration of withdrawal. In order to submit a declaration of withdrawal, the Customer may use the model withdrawal form available on the website www.kocykomania.pl or use the model withdrawal form constituting Appendix No. 2 to the Act of 30 May 2014 on consumer rights ((i.e. Journal of Laws of 2023, item 2759, as amended). In order to exercise the right of withdrawal, it is sufficient to send information on the exercise of this right before the expiry of the withdrawal period.
The customer, being a consumer, is not entitled to withdraw from the contract, if its subject is the purchase and delivery of individually tailored products, produced according to individual arrangements with the customer.
Effects of withdrawal
In the event of withdrawal from the contract by the Customer, the contract shall be deemed not to have been concluded, and the
The Seller shall be obliged to return to the Customer all payments received from the Customer, including the costs of delivery (with the exception of additional costs that may arise due to the Customer's choice of a delivery method other than the cheapest ordinary delivery method offered by the Seller).
The payment will be refunded using the same method of payment that was used by the Customer in the original transaction, unless the Customer expressly agrees otherwise. In any case, the Customer will not incur any charges in connection with the refund by any other means than the method of payment for the goods.
The Seller may withhold the refund of the payment until the returned goods have been received and inspected. The returned goods should be in an undamaged condition with no traces of use and have the original tags. The Customer shall be liable for any diminution in the value of the goods resulting from their use other than what was necessary to ascertain the nature, characteristics and functioning of the goods.
The Customer is obliged to return the goods to the Seller not later than within 14 days from the date on which he or she withdrew from the contract. It is sufficient to send the goods back before the deadline. The Customer bears the costs of returning the goods. The goods should be returned to the Seller's address indicated in point
1.1. of these Terms and Conditions.
Model withdrawal form
If you wish to withdraw from the contract, you may use this form:
- Addressee: Black Swan Edyta Durmowicz św. Czesława 7/20 61-575 Poznań.
- I/We(*) hereby give notice(*) of my/our withdrawal from the contract of sale of
of the following items(*)
- Date of conclusion of the contract(*)/collection(*)
- Full name of consumer(s)
- Address of consumer(s)
- Signature of consumer(s) (only if this form is sent on paper)
- Date
(*) delete as appropriate
and send it to the Seller to the address indicated in point 1.1. of these Terms and Conditions.
5 Payment refunds
All payment refunds are made automatically to the account used by the Customer to pay for the goods. In the case of payment by bank transfer, payments will be refunded to the account from which the transfer was made.
6.Complaints and Seller's liability for product defects
6.1 The Seller shall sell new products in a condition fit for their intended use.
intended use. The Seller undertakes to deliver to the Customer
products/goods free from defects.
6.2 In the case of non-conformity of the goods with the contract, the Customer, being a consumer, has the following rights
rights set out in Chapter 5a of the Consumer Rights Act of 30 May 2014 (i.e. Journal of Laws of 2023, item 2759, as amended).
6.3 All complaints regarding products purchased in the online shop, as well as the
as well as the progress of the order should be submitted by e-mail to biuro@kocykomania.pl.
6.4 In some cases we may ask you to send us photographs of the products subject to complaint.
6.5 The complaint will be considered by the Seller within 14 days from the date of receipt of a complete complaint notification. The Customer will be notified immediately of any deficiencies in the complaint notification. Along with such notification, information will be sent on how to supplement the deficiencies in the complaint notification.
6.6 If the Seller has not provided the Customer with an answer to the complaint within 14 days from the date of its
receipt, he/she is deemed to have acknowledged the complaint.
6.7. Please note that the following damages of the products are not subject to complaint:
- mechanical damage (abrasion, tear, tear or scratch, detachment of decorations,
zipper, rubber, etc.) caused by your use of the products, as well as damage
resulting from lack of or improper maintenance;
- damage resulting from misuse of the garment;
unless the above damage was caused through no fault or interference of the Customer.
6.8 At the same time, we would like to inform you that you have the possibility to use the out-of-court ways of dealing with complaints and claims in accordance with the Internet Dispute Resolution procedure developed by the European Commission available on the website: https://webgate.ec.europa.eu/odr/main/?event=main.home.show . You can also find more information on how to resolve disputes amicably at
https://uokik.gov.pl/pomoc-dla-konsumentow
8 Customer Care
The Customer can contact the Seller as follows: phone: 608 048 003 available from Monday to Friday (9 am to 6 pm), e-mail: biuro@kocykomania.pl.
9 Other information
9.1 These terms and conditions can be found at www.kocykomania.pl. You can also print or save this document using the usual functions of your internet browser (usually: File -> Save as).
9.2 You can easily save the details of your order by downloading the terms and conditions and saving the order summary information on the last page of your order in the online shop using the ‘save as’ function in your browser; you can also wait for the order confirmation which we will additionally send to you by e-mail at the end of the order process to the address you have provided. This order confirmation e-mail contains all the relevant data for your order and a link to these terms and conditions, and can be easily printed out or saved using an e-mail opening program.
As of: 13.09.2024 r.